RAMESH KUMAR MALIK Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) ON 21.10.2013, a First Information Report was registered with the Police Station, Kankhal, Haridwar on 21.10.2013 under Section 365 and 342 of Indian Penal Code against the applicants with the allegation that they had kidnapped and illegally detained one Nitin Tyagi. This report was registered at the instance of Somdutt Tyagi, grandfather of Nitin Tyagi. On 29.11.2013 charge sheet was filed under Section 365, 342, 323, 504 and 506 I.P.C., whereupon the Additional Chief Judicial Magistrate, Haridwar passed the cognizance order on 02.12.2013. Against the charge sheet and cognizance order, present criminal misc. application has been filed by the applicants.

(2.) AFTER filing of the First Information Report, certain developments took place, which are being narrated hereinafter. Upon registration of the F.I.R., the applicant no.1 was arrested, whereas the applicant no.2 filed the Criminal Writ Petition No.1257 of 2013 before this Court, in which interim order was granted.

(3.) THE applicants have come up with the case that allegations contained in the F.I.R. are totally baseless. They have been implicated only on account of their relationship with Baba Ramdev, as the applicant no.1 is engaged in security of close family members of Baba Ramdev and the applicant no.2 is the real younger brother of Baba Ramdev. The F.I.R. is politically motivated. It has been stated in the petition that neither applicants kidnapped the victim Nitin Tyagi nor illegally detained him, as alleged in the F.I.R.